Can I get Social Security spousal benefits from ex-husband's police pension while receiving survivor benefits from second husband?

Unfortunately, you generally cannot receive both survivor benefits from one spouse and any type of benefit from another spouse (or ex-spouse) at the same time. Social Security typically pays the higher of the two benefits, not both. However, there's more to consider in your situation: 1. Your ex-husband's government pension may be subject to the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) if he didn't pay into Social Security during his firefighter career. 2. For ex-spouse benefits, you would need to have been married at least 10 years before divorcing (which you were at 15 years). 3. You might have options to switch between benefits if one would be higher at different points in time.

This is a complex situation that requires understanding several Social Security rules. Here's what you need to know: 1. You're currently receiving survivor benefits from your second husband. These will continue as long as you don't remarry before age 60 (which isn't an issue since you're already 64). 2. Regarding your ex-husband, if he worked in a job that DIDN'T pay into Social Security (many state and local government positions don't), then GPO would likely reduce or eliminate any spousal or survivor benefits you might be eligible for from his record. 3. If he DID pay into Social Security alongside his government job, you could potentially claim ex-spousal benefits (up to 50% of his PIA) or ex-spouse survivor benefits (up to 100% of his benefit) when he passes away. 4. Important: You would only receive the HIGHER of the benefits you're eligible for, not both. I recommend calling SSA directly to verify your specific situation since government pension rules vary by state and employer.

Have you tried calling the SSA about this? I had to wait FOUR HOURS last time I called about my benefits!!! They keep cutting staff while more boomers retire. RIDICULOUS!! And then when you finally get someone they give different answers depending who you talk to. My neighbor was told 3 different things about her widow benefits by 3 different reps.

Just want to point out something nobody mentioned - if ur ex-husband is still alive, you can't claim ex-spouse survivor benefits anyway since he's not deceased. You could only potentially get divorced spouse benefits (the 50% thing they mentioned) but only if that amount is higher than what ur already getting from your 2nd husband. Most likely ur current survivor benefit is higher.

my husband worked for county government for 35 yr and they didnt take SS out of his checks. when i tried to get benefits on his record they told me about that GPO thing and i couldnt get barely anything. something about reducing my benefit by 2/3 of his pension amount which basically eliminated it completely. very unfair system.

There's one more scenario worth considering here. If your ex-husband paid into Social Security for at least 30 quarters (7.5 years) in addition to his government job, then the GPO might not apply to benefits you'd receive on his record. This is sometimes called the "30 and out" exception, but it's specific to certain situations. I'd recommend requesting an appointment with your local Social Security office where they can pull up all the relevant records. Bring your marriage and divorce certificates, as well as any information you have about your ex's employment history if possible. They can run calculations specific to your situation.

One more thing to consider - your age when taking benefits matters A LOT! If you take survivor benefits from your ex before your full retirement age (probably 66 and some months for you), they'll be permanently reduced. But if you wait until your FRA, you'd get 100% of what he was entitled to (assuming GPO doesn't wipe it out as others mentioned). Just something else to factor into your planning.